A.
There shall be provided, at the time of construction, alteration, enlargement or change in use of any main building or structure, minimum off-street parking spaces, allowing a minimum area for each parking space as set forth in § 230-1 of this chapter, plus adequate provisions for ingress and egress as follows:
[Amended 6-5-1984 by Ord. No. 259; 5-3-1988 by Ord. No.
302; 5-19-1993 by Ord. No. 345; 12-9-1997 by Ord. No. 379; 6-9-1998 by Ord. No. 383; 8-10-1999 by Ord. No. 388; 8-28-2001 by Ord. No.
401]
(1)
Residential structures:
[Amended 12-14-2004 by Ord. No. 429; 7-11-2006 by Ord. No.
433]
(a)
Single-family detached dwellings: two spaces
per unit, except infill units in the HC and HR Districts which add
no more than two dwelling units.
(b)
Two-family dwellings: two spaces per unit, except
infill units in the HC and HR Districts which add no more than two
dwelling units.
(c)
Semidetached dwellings: two spaces per unit,
except infill units in the HC and HR Districts which add no more than
two dwelling units.
(d)
Attached dwellings: two spaces per unit, except
infill units in the HC and HR Districts.
(e)
Multiple dwellings: two spaces per unit.
(f)
In the HR and HC Districts, an addition, modification
or alteration which adds no more than two dwelling units shall not
require parking spaces to be added on the site.
(g)
In the HR and HC Districts, an addition, modification
or alteration of less than 480 square feet to a dwelling unit constructed
before January 1, 2005, shall not require parking spaces to be added
on the site.
(2)
Hotels and motels: one space for each guest room or
suite. If an eating or drinking facility is provided, additional parking
shall be required at 1/2 the amount as would normally be required
for such eating or drinking establishment.
(3)
Hospitals or similar welfare institutions: one space
per every 800 square feet of floor space.
(4)
Clubs and lodges: one space for each 400 square feet
of floor space, except in the Residential R-3 District, where one
space for every 50 square feet of floor space shall be required for
new clubs; provided, however, that any project involving the alteration,
addition or modification of an existing structure housing a club or
lodge shall not be approved if it would result in a net loss of existing
parking places at the project location.
[Amended 7-11-2006 by Ord. No. 431]
(5)
Places of worship and other public buildings, including
funeral parlors and casket sales offices, the operations of which
commenced on or after January 1, 1997: one space per 200 square feet
of floor space or one space per five seats.
(6)
Bowling alley: four spaces per lane.
(7)
Retail commercial uses, including eating and drinking
establishments: in the Retail Commercial and Service Commercial Districts
at least three square feet of parking space shall be required per
square foot of floor area.
(8)
Offices: in the Retail Commercial, Service Commercial
and Light Industrial - Office Districts at least one square foot of
parking space shall be required for each square foot devoted to office
use.
(9)
Physician's office: three spaces or as required for
offices, whichever is greater.
(10)
Manufacturing, warehousing and wholesale uses:
one space for each two employees in the largest working shift.
(11)
Schools: one space per 15 seats or students.
(12)
Tourist homes: one space for each guest room
or suite.
(13)
In an Industrial Office Park - IOP District:
(a)
Retail stores, all types: one space per 200
square feet of floor area used or designed for sales on ground floor,
plus one space per 300 square feet of floor area used or designed
for sales on all other floors plus one space for each two employees.
(b)
Personal services, all types: one space per
200 square feet of gross floor area.
(c)
Banks and other financial institutions: one
space per 200 square feet of gross floor area.
(d)
Business, governmental and professional offices:
one space per 300 square feet of gross floor area.
(e)
Health club, physical fitness and sports therapy
center: one space for each 150 square feet of gross floor or building
area devoted to such use.
(f)
Restaurants: one space per three seating accommodations,
plus one space per two employees on shift of greatest employment.
(g)
Day-care center, kindergarten, preschool or
day nursery school: one space per adult attendant, plus one space
per 500 square feet gross floor area devoted to such uses.
(h)
Industrial, manufacturing and/or wholesaling
establishment: one space per two employees on the shift of greatest
employment, plus one space per 200 square feet of floor area devoted
to sales.
(14)
In a General Commercial District:
(a)
Except as otherwise provided in this section
as to retail uses of all types: one space per 250 square feet of floor
area.
(b)
Parking requirements for specific uses are as
follows:
[1]
Personal service, all types: one space per 250
square feet of floor area.
[2]
Banks and other financial institutions: one
space per 250 square feet of floor area plus six stacking spaces per
drive-in window.
[3]
Business, governmental, medical and professional
offices: one space per 300 square feet of floor area;
[4]
Health club, physical fitness and sports therapy
center: one space for each 150 square feet of floor or building area
devoted to such use.
[6]
Furniture, appliance and carpet stores: five
spaces minimum plus one space per 1,000 square feet of floor area.
[7]
Funeral homes: one space per 125 square feet
of floor area.
[8]
Post Office: one space per 200 square feet of
floor area.
[9]
Theaters: one space per four seats.
[10]
Auction establishment, flea market,
farmers market, vegetable and other produce wholesale or retail establishments:
one space per 1,000 square feet of outdoor display areas or one space
per 250 square feet of inside floor area, whichever is greater.
[11]
Fire station: four spaces per
bay plus one space per 200 square feet of public assembly area.
[12]
Library or museum: 3.5 spaces
per 1,000 square feet of floor area plus 0.75 space per 1,000 square
feet of public assembly area.
[13]
Nursing homes: 0.33 space per
bedroom.
[14]
Day-care, kindergarten, preschool:
3.5 spaces per 1,000 square feet of floor area
[15]
Group homes, institutional, residential,
monasteries and convents: 0.75 space per bedroom.
[16]
Rooming and boarding houses: 1.25
spaces per guestroom.
[17]
Police station: 4.0 spaces per
1,000 square feet of floor area.
[18]
Shopping center: 4.5 spaces per
1,000 square feet of floor area.
[19]
Gas station, automotive service
and repairs: 1.5 spaces per 1,000 square feet of floor area or four
spaces per bay, whichever is greater.
[20]
Carwashes (single car, automatic
bay): 2.0 spaces per 1,000 square feet of floor area plus six stacking
spaces per bay plus one space for drying.
[21]
Carwashes (multiple car, automatic
bay): 4.0 spaces per 1,000 square feet of floor area plus 12 stacking
spaces per bay plus two spaces for drying.
[22]
Carwash (self-wash bay): three
spaces per bay.
[23]
Veterinary services, pet grooming:
3.5 spaces per 1,000 square feet of floor area.
[24]
Kennels: five spaces minimum plus
0.5 space per 1,000 square feet of floor area.
[25]
Automobile, boat, mobile dwelling
unit, truck, trailer, outdoor equipment and machinery sales: five
spaces minimum plus one space per 1,000 square feet of floor and ground
area devoted to sales, service, display and storage.
[26]
Building materials: 2.0 spaces
per 1,000 square feet of floor area plus five spaces minimum.
[27]
Golf course: three spaces per
hole.
[28]
Golf driving range or rifle range:
one space per station;
[29]
Parks, playground: one space per
5,000 square feet of area.
[30]
Equestrian facilities: one space
per four stalls, plus one space per 2,000 square feet of inside riding
area.
[31]
Outdoor swimming pool: one space
per 400 square feet of pool surface area.
[32]
Outdoor tennis courts: three spaces
per court.
[33]
Athletic fields: 15 spaces per
field plus one space per four permanent seats.
[34]
All other outdoor active recreation
uses: one space per 10,000 square feet of area.
[35]
All other outdoor passive recreation
uses: five spaces minimum plus one space per acre for areas less than
50 acres or one space per three acres for areas over 50 acres.
[36]
Indoor swimming pool: one space
per 100 square feet of pool surface area.
[37]
Indoor court games: three spaces
per court.
[38]
Community center, auditorium,
stadium, gymnasium and other similar uses: one space per 200 square
feet of floor space or one space per five seats.
[39]
All other indoor recreation uses:
one space per 200 square feet of floor space or one space per five
seats.
[40]
Outdoor commercial court games:
three spaces per court plus one space per four permanent seats.
[41]
Outdoor commercial arenas: one
space per three seats.
[42]
All other outdoor commercial amusement
uses: five space minimum plus one space per 1,500 square feet of area.
[43]
Indoor commercial amusement parks:
special study.
[44]
Pool rooms: two spaces per pool/billiard
table.
[45]
Indoor skating rinks: one space
per 100 square feet of skating surface.
[46]
Other indoor commercial amusement
uses: six spaces per 1,000 square feet of floor area.
[47]
Warehouse, storage establishment,
wholesaling establishment: five space minimum plus 0.5 spaces per
1,000 square feet of floor area.
(d)
The number and minimum dimensions of handicapped
parking spaces shall comply with the requirements found in the Americans
with Disabilities Act (ADA).
(15)
In a Downtown Gateway District:
[Added 8-13-2013 by Ord. No. 479]
(a)
Parking requirements for specific uses are as follows:
[2]
Bar or tavern: one per 100 square feet of patron floor, plus
one per employee on largest shift.
[3]
Convenience store: one space per 250 gross square feet of floor
area.
[4]
Office: no parking is required for the first 400 gross square
feet; one space per each additional 300 gross square feet.
[5]
Apartments: 1.5 spaces per unit.
[6]
Bed-and-breakfast inn and house: two spaces, plus one per guest
or rental room.
[7]
Hotel: one space per rental unit, plus one space per 250 square
feet of gross floor area in common or public use (lobby, bar, meeting
rooms, etc.), plus one per employee on the largest shift.
[8]
Restaurant:
[a]
Fast food: no parking is required for the first
300 square feet of patron floor area; one space is required per each
additional 75 square feet of patron floor area, plus one per employee
on the largest shift.
[b]
Other: no parking is required for the first 400
square feet of patron floor area; one space is required per each additional
200 square feet of patron floor area, plus one per employee on the
largest shift.
[9]
Retail, personal services: no parking is required for the first
450 gross square feet of space devoted to sales/service; one space
is required for each additional 300 gross square feet of space devoted
to sales/service, plus one per employee on the largest shift.
[10]
Theater: one per six seats.
[11]
Indoor amusements: one per 200 square feet of
gross floor area.
[12]
Studios: one per 800 square feet minimum; one
per 300 square feet maximum.
[13]
Private or fraternal clubs: one per 150 square
feet above the first 2,400 square feet.
[14]
Religious institution: one per five seats.
[15]
Government uses, community center, libraries:
one per 850 square feet of gross floor area.
[16]
Home occupation: one space per employee; one space
per 100 gross square feet of floor area dedicated to the home occupation
for those home occupations with a visiting clientele.
[17]
Gallery and museum: one space per 850 square feet.
(b)
Maximum parking. No more than 120% of the required minimum parking
is permitted.
(c)
Shared parking. The following provisions shall replace those of § 230-28F for development in the Gateway Districts:
[1]
Users shall be required to show shared parking is reasonably close to each use (see Subsection A(15)(c)[4], Walking distance).
[2]
Shared parking agreement (two businesses) or district (more
than two businesses) which involves contractual agreement between
users is required. A shared parking agreement allows users an opportunity,
if they choose, to redesign parking lots to be more efficient in serving
multiple users. This may consist of making new curb cuts between parking
lots, restriping lots, or redesigning internal traffic circulation
and pedestrian walkways.
[3]
The minimum amount of shared parking required shall be calculated
according to the following formula (see Table 1):
[a]
Calculate the minimum amount of parking required
for each land use as if it were a separate use.
[b]
To determine peak parking requirements, multiply
the minimum parking required for each proposed land use by the corresponding
percentage in the table below for each of the six time periods.
[c]
Calculate the column total for each of the six
time periods.
[d]
The column (time period) with the highest value
shall be the minimum parking requirement.
|
Table 1
Shared Parking Calculations
| ||||||
|---|---|---|---|---|---|---|
|
Uses
|
Monday to Friday
|
Saturday and Sunday
| ||||
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 midnight
|
12:00 midnight to 8:00 a.m.
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 midnight
|
12:00 midnight to 8:00 a.m.
| |
|
Residential
|
60%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Office
|
100%
|
10%
|
5%
|
5%
|
5%
|
5%
|
|
Commercial
|
90%
|
80%
|
5%
|
100%
|
60%
|
5%
|
|
Hotel
|
70%
|
100%
|
100%
|
70%
|
100%
|
100%
|
|
Restaurant
|
70%
|
100%
|
10%
|
70%
|
100%
|
20%
|
|
Movie theater
|
40%
|
80%
|
10%
|
80%
|
100%
|
10%
|
|
Entertainment
|
40%
|
100%
|
10%
|
80%
|
100%
|
50%
|
|
Institutional (nonreligious institution)
|
100%
|
40%
|
5%
|
10%
|
10%
|
5%
|
|
Religious institution
|
20%
|
40%
|
5%
|
100%
|
50%
|
5%
|
[4]
Walking distance:
[a]
Less than 100 feet: people with disabilities, deliveries
and loading, emergency services, fast-food restaurant, and convenience
store.
[b]
Less than 800 feet; residents, grocery stores,
professional services, and medical clinics.
[c]
Less than 1,200 feet: general retail, restaurant,
employees, entertainment center, and religious institutions.
[d]
Less than 1,600 feet: major sport or cultural event
and overflow parking.
B.
Parking space as required above shall be located on
the same lot with the main buildings or within walking distance of
the main building.
C.
Except in the General Commercial District, off-street
loading space shall be provided for every hospital, institution, hotel,
commercial or manufacturing use or building hereafter erected or enlarged
on a lot which has an area of 2,500 square feet or more in the amount
of one permanent loading space not less than 12 feet wide and 50 feet
in length for each 10,000 square feet of lot area or fraction thereof,
above 2,500 square feet upon which the building is being built.
[Amended 8-28-2001 by Ord. No. 401]
D.
In the General Commercial District, loading area shall
be no less than 12 feet wide and 50 feet deep. If the loading area
is covered, minimum height clearance of 14 feet is required.
[Added 8-28-2001 by Ord. No. 401]
(1)
Loading area requirements for uses in the GC district
are as follows:
(2)
At no time shall any part of the truck extend into
a public thoroughfare or right-of-way.
E.
Driveways for residential districts. The driveway
width within the front yard setback shall be a minimum of eight feet
and shall not exceed the following maximum width:
[Added 4-24-2002 by Ord. No. 405]
(1)
A property with a frontage of less than 16 feet shall
have only one driveway with a width of eight feet.
(2)
A property with a frontage of over 16 feet to 30 feet
shall have only one driveway with a maximum width of eight feet or
not more than 40% of the width of the property frontage.
(3)
A property with a frontage of over 30 feet to 50 feet
shall have a maximum width of 12 feet or not more than 40% of the
width of the property frontage. When more than one driveway approach
serves a given frontage, the total width may be divided between two
driveways. The combined width of the driveways shall not exceed the
maximum and in no case shall a driveway width be less than eight feet.
(4)
A property with a frontage of over 50 feet to 75 feet
shall have a maximum width of 22 feet. When more than one driveway
approach serves a given frontage, the total width may be divided between
two driveways. The combined width of the driveways shall not exceed
the maximum and in no case shall a driveway width be less than eight
feet.
(5)
A property with a frontage of over 75 feet shall have
a maximum width of 24 feet. When more than one driveway approach serves
a given frontage, the total width may be divided between two driveways.
The combined width of the driveways shall not exceed the maximum and
in no case shall a driveway width be less than eight feet.
F.
A shared parking arrangement may be used for every
new nonresidential or mixed use development that contains two or more
land uses that have peak parking demands that occur at different times
of the day. Where new development is proposed within 500 feet of an
existing land use with a noncompeting peak parking demand, a shared
parking arrangement may also be utilized. Parking requirements for
nonresidential and mixed use developments may be reduced to 60% of
the amount otherwise required when a shared use parking arrangement
is established.
[Added 12-14-2004 by Ord. No. 429]
G.
All parking areas for multifamily residential and
nonresidential developments shall be developed according to the following
design standards:
[Added 12-14-2004 by Ord. No. 429]
(1)
The perimeter of all parking areas that are visible
from a public street shall be visually screened. Such screening shall
be subject to the review of the Planning Commission and may take the
following (or combination of the following) forms:
(2)
A minimum of 10% of the parking area shall be landscaped
area. Internal landscaping shall include shade tree plantings and
landscaping of traffic islands. At a minimum, one four-inch caliper
shade tree must be provided for every five parking spaces in any off-street
parking area. The design of parking area landscaping shall be subject
to review and approval by the Planning Commission.
H.
Off-street loading and service areas for all multifamily
residential and nonresidential developments shall be designed according
to the following standards:
[Added 12-14-2004 by Ord. No. 429]
(1)
All loading and building service areas shall be visually
and auditory screened from residential uses and public streets or
views by a combination of architectural enclosures, walls, solid fences,
and landscaping. Architectural enclosures or walls shall be complementary
to the architecture of the principal structure.
(2)
Loading and building service areas shall be oriented
away from residential areas.
(3)
The design of all parking area loading and service
area landscaping and screening shall be subject to the review and
approval of the New Castle City Planning Commission.
[Added 7-31-2017 by Ord.
No. 510]
The Board of Adjustment shall have jurisdiction and authority
to grant a special exception to permit uncovered, ground-level public
or commercial parking lots, including the alteration or expansion
of public or commercial parking lots existing on the date of this
section, in residentially zoned districts, the Historic Residence
District and the Historic Commerce District by means of a special
exception granted by the Board of Adjustment subject to the following
limitations, requirements and conditions:
A.
No multifloor parking garages shall be permitted.
B.
Visual screening in the form of walls, fencing and/or landscaping
to reasonably shield said use from public rights-of-way and adjacent
properties must be provided.
C.
Chain link and barbed wire fencing shall be prohibited.
D.
Walls shall be constructed of brick or stone.
E.
Planted vegetation shall consist predominantly of evergreen vegetation.
F.
Gaps may be permitted in the visual screen to permit access to the
public or commercial parking lot by vehicles and pedestrians and to
permit visual access to the site in a manner that will enhance security.
G.
All special exception applications for parking lot usage shall require
prior review and recommendations from the Planning Commission before
being submitted to the Historic Area Commission or the Board of Adjustment.
H.
For public or commercial parking lots proposed for the Historic Residence
District or the Historic Commercial District, the Historic Area Commission
shall have reviewed and approved the application prior to submission
to the Board of Adjustment.
On a lot in any residential district, nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to impede vision between a height of 2 1/2 feet and 10 feet
above the center-line grades of the intersecting streets in the area
bounded by the street lines of such corner lots and a line joining
points along said street lines 25 feet from the point of the intersection.
No topsoil shall be stripped, excavated or otherwise
removed for use other than in connection with the construction or
alteration of a building on such premises and excavations and grading
incidental thereto.
The height restrictions in the Schedule of District
Regulations[1] do not apply to spires, cupolas, chimneys, antennas, water
tanks, belfries, flag staffs, hose towers or other structures placed
above roof level, not intended for human occupancy and necessary for
the operation of the permitted use.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
The front yard required for a dwelling in an
R-2 and R-3 District may be reduced in the case of a dwelling located
between two dwellings which lack the required front yard and which
are less that 100 feet apart. In such a case the front yard depth
shall be no less than that of the deeper of the adjoining front yards.
A.
An accessory building may be located in any required
side or rear yard, provided that:
(1)
Such building shall not exceed 15 feet in height.
(2)
Such buildings shall be set back at least five feet
from any property line and shall be located 10 feet or more from the
principal building.
[Amended 12-9-1997 by Ord. No. 379]
(3)
All such buildings in the aggregate shall not occupy
more than 30% of the area of the required rear and side yard.
B.
Accessory buildings constructed at the same time may
be located in pairs or groups in the required rear or side yard along
the common side line or rear line of contiguous lots.
[Added 7-7-1987 by Ord. No. 294]
A.
Satellite dishes or earth station dish antennas, defined
as devices to receive communications or similar signals from orbiting
satellites or other extraterrestrial sources and related signal amplification
and cable equipment and conventional television antennas designed
to receive television signals from other than orbiting satellites
are deemed necessary buildings and shall be permitted in rear yards
(one per lot) of all districts, except the Historic Districts, not
nearer than five feet to any lot line, and in side yards subject to
the applicable side yard requirements, with evergreen screen, wall
or solid fence so as to obscure its visibility from abutting properties
and from the street, at a point five feet above grade level.
B.
Rooftop installation of this equipment may be permitted
if it is not on the front of the roof and complies with the requirements
of the building code related to structures.
C.
Such equipment shall not be erected to a height of
15 feet or more above ground level or the place where it is mounted
to a building.
D.
Once installed the equipment and landscaping shall
be maintained in good condition.
E.
All equipment shall be installed in accordance with
the equipment of any applicable building code and manufacturer's specification.
Any tract or parcel of land upon which a use
is to be located must be physically suitable for development in the
manner proposed. No request shall be granted for any permit or certificate
which may result in the creation of hazards to structures, inhabitants
or any property or person from probability of flooding, erosion, subsidence
or slipping of the soil or other dangers, annoyances or inconveniences.
Condition of the soil, groundwater level, drainage, rock formation
and topography shall be appropriate to both kind and pattern of use
intended. In instances where, in the administrative official's opinion,
there is doubt as to the suitability for development, he may require
the applicant to submit engineering data supporting the application.
The following standards are applicable to all structures and uses. The purpose of these standards is to regulate any use which may be objectionable through the emission of smoke, odor, fumes, gases, dust, fly ash, vapors or other forms of air pollution, noise, vibration, fire, explosive, radioactive hazards, electromagnetic disturbance and any other element that may have an adverse effect on any person, structure or use. Provisions for administration of these standards are set forth in § 230-46 of this chapter.
A.
Fire and explosion hazards. All activities involving
and all storage of inflammable and explosive materials shall be provided
at any point with adequate safety devices against the hazard of fire
and explosion and adequate firefighting and fire suppression equipment
and devices standard in the industry. Burning of waste materials in
open fires is prohibited at any point.
B.
Air pollution.
(1)
Smoke density. No smoke from any source of combustion,
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart, shall be emitted into the open air, except that a density
described as No. 2 in the Ringelmann Chart may exist for a total of
not more than three minutes in any fifteen-minute period of time when
building a new fire or combustion equipment breakdown occurs. (The
Ringelmann Chart, as published and used by the Bureau of Mines, United
States Department of the Interior, is hereby adopted and made a part
of these regulations.)
(2)
Fly ash, dust, fumes, vapors, gases and other forms
of air pollution. No emission shall be permitted which can cause any
damage to persons, animals, vegetation or other forms of property
or which can cause any excessive soiling, at any point, and in no
event any emission from any chimney or otherwise of any solid or liquid
particles in concentrations exceeding 0.3 grains per cubic foot of
the conveying gas at any point. For measurement of the amount of particles
in gases resulting from combustion, standard corrections shall be
applied to a stack temperature of 500° F. and 50% excess air.
C.
Emission of heat, glare, radiation, fumes or odors.
Every use shall be so operated that it does not emit an obnoxious,
offensive or detrimental (to health or property) degree of heat, glare,
radiation, fumes or odors at any point beyond any lot line of the
lot on which the use is located.
D.
Vibration generated. Every use shall be so operated
that the ground vibration inherently and recurrently generated is
not perceptible at any point beyond any lot line of the lot on which
the use is located.
E.
Volume of sound generated. Every use shall be so operated
that the volume of sound inherently and recurrently generated by any
use shall not exceed the standards set forth below as measured along
any lot line of the lot on which the use is located.
(1)
Sound levels shall be measured with a sound-level
meter and associated octave band filter manufactured according to
the most recent standards prescribed by the American Standards Association.
(2)
The maximum permitted sound pressure levels, in decibels,
for the designated octave bands shall be as set forth in the following
table:
|
Octave Band Frequency Cycles
per second
|
Maximum sound-pressure level in decibels
with reference to 0.0002 microbar sound pressure
| |
|---|---|---|
|
Daytime 7:00 a.m to 10:00 p.m
|
Nighttime 10:00 p.m to 7:00 a.m
| |
|
20 to 75
|
70
|
65
|
|
75 to 150
|
56
|
52
|
|
150 to 300
|
47
|
42
|
|
300 to 600
|
42
|
37
|
|
600 to 1,200
|
37
|
32
|
|
1,200 to 2,400
|
33
|
28
|
|
2,400 to 4,800
|
31
|
25
|
|
4,800 to 10,000
|
29
|
24
|
|
Corrections to be made for noise not radiated
continuously or of special character:
| ||
|
Type of Operation or Character of Noise
|
Correction
(decibels)
| |
|---|---|---|
|
Noise source operates less than 20% of any one-hour
period
|
Plus 51
| |
|
Noise source operates less than 5% of any one-hour
period
|
Plus 101
| |
|
Noise source operates less than 1% of any one-hour
period
|
Plus 151
| |
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
| |
|
Noise of periodic character (humming, screech,
etc.)
|
Minus 5
|
|
NOTES:
| ||
|
1Apply one of these
corrections only.
| ||
F.
Electrical disturbance. Every use shall be so operated
that no electrical disturbance (except from domestic household appliances)
shall adversely affect the operation at any point of any equipment
other than that of the creator of such disturbance.
Any sign erected, placed, attached, altered,
reconstructed or modified after the adoption or amendment of this
chapter shall conform to the following regulations:
A.
Signs permitted in the Open Space and Recreation District
shall be limited to the following:
B.
Signs permitted in the Residential Districts R-1,
R-2 and R-3 shall be limited to the following:
[Amended 12-14-2004 by Ord. No. 429]
(1)
An unlighted real estate sign not exceeding 15 square
feet in area.
(2)
An unlighted on-site sign not to exceed four square
feet in area shall be permitted in conjunction with a permitted use.
(3)
An unlighted on-site sign not to exceed 25 square
feet in area identifying an apartment structure having a minimum of
100 feet of street frontage.
(4)
An unlighted on-site sign not to exceed 25 square
feet in area shall be permitted in conjunction with an approved special
exception.
C.
Signs permitted in the Historic Residence District
shall be limited to the following:
(1)
An unlighted real estate sign not to exceed six square
feet in area.
(2)
A sign not to exceed two square feet in area which
shall identify a residential structure having historical significance.
(3)
An unlighted on-site sign six square feet in area
in conjunction with any use permitted as a matter of right or as a
special exception.
E.
Signs permitted in the Retail Commercial District
shall be limited to the following:
F.
Signs permitted in the Service Commercial District
shall be limited to the following:
G.
The provisions of § 230-37E and F of the Code of the City of New Castle shall not apply to a General Commercial District, in which district signs shall be limited to the following:
[Added 8-28-2001 by Ord. No. 401[1]]
(1)
An unlighted real estate sign not to exceed 64 square
feet in area.
(2)
A sign or signs attached to one or more walls or the
roof of a building containing a total area of not more than the greater
of 300 square feet or 20% of the area of the exterior perimeter of
the walls of the building or three square feet per linear foot of
building footprint perimeter.
(3)
Single-faced or double-faced ground signs subject
to the following requirements:
(a)
Not more than one ground sign with an area of
not more than 150 square feet (on each side) on a lot or parcel with
buildings containing less than 20,000 square feet.
(b)
Not more than one ground sign with an area of
not more than 300 square feet (on each side) on a lot or parcel with
buildings containing 20,000 square feet or more.
(c)
In addition to Subsection G3(a) and 3(b) above,
for every 150,000 square feet of floor area in a commercial complex
containing one or more interrelated lots, not more than two ground
signs with not more than 500 square feet (on each side) for each ground
sign.
(4)
In addition to the signs permitted above, each lot
may have not more than six on-site informational signs, including,
but not limited to, menu boards and directional signs bearing advertising
matter, each such sign not to exceed 50 square feet (on each side).
(5)
No illuminated roof, wall or ground sign shall be
located within 200 feet of property in the OS&R, AH, R or HR District
unless such sign is located within 200 feet of a signalized intersection
or the illuminated side of such sign faces away from the adjoining
OS&R, AH, R or HR Zoning District.
H.
Signs permitted in the Light Industrial - Office District
shall be limited to the following:
[Added 6-5-1984 by Ord. No. 259]
(1)
An unlighted real estate sign not to exceed 20 square
feet in area.
(2)
For professional or administrative or research manufacturing
uses, as permitted, one nameplate per use, not to exceed two square
feet in area, to be mounted on the ground or on a wall, at least 25
feet from any street line; plus one bulletin board per building used
for such uses, not to exceed 20 square feet in area, to be mounted
on the ground or on a wall, at least 25 feet from any street line;
plus one on-site sign per building used for such uses, not to exceed
35 feet in area, to be mounted on the ground or on a wall, at least
25 feet from any street line.
I.
Signs permitted in the Industrial District and Industrial
Office Park District shall be limited to the following:
[Amended 5-19-1993 by Ord. No. 345]
J.
In determining the linear feet of street frontage,
a business shall be allowed the entire street frontage for the lot
of record on which it is located.
[Added 9-7-1982 by Ord. No. 252]
K.
Signs permitted in the Downtown Gateway District shall be limited
to the following:
[Added 8-13-2013 by Ord. No. 478]
(2)
Signs requiring permits.
(a)
Wall signs.
[1]
No wall sign shall project more than 12 inches beyond the building.
[2]
Wall signs shall not exceed 15% of the front first-story façade.
Individual wall signs are allowed for each separate business or tenant;
however, the total wall sign area shall not exceed 15% of the front
first-story façade.
(c)
Window signs. Window signs shall not exceed 15% of the total
glass area of the window.
(3)
Signs not requiring permits.
(a)
Building identification signs. Building identification signs
shall not exceed two square feet, bearing only the building name,
property number, and/or street address.
(b)
Directional signs. Directional signs shall not contain advertising,
not exceed four square feet, and not obstruct the sight triangles
at internal intersections on the premises.
(c)
Menus and signs indicating business hours.
[1]
Signs shall not exceed two square feet.
[2]
Signs shall be located in a permanently mounted display box
on the façade of the building adjacent to the entrance, displayed
within a window adjacent to the entrance, or at a podium that will
be placed inside the restaurant upon closing.
[3]
Signs shall not be affixed with adhesive tape or other semipermanent
mounting technique.
(d)
Sandwich board signs.
[1]
Signs shall not exceed eight square feet.
[2]
Signs are permissible along the sidewalk, provided that a minimum
walking distance of five feet shall be maintained to allow for a pathway
for pedestrians.
[3]
Signs shall be taken indoors at the close of each business day.
[4]
Sandwich boards shall be weighted at the base so that the sign
cannot be moved by strong winds; however, no sign shall be chained,
tied, or otherwise affixed to any object, structure, or the ground.
[5]
Only one sandwich board sign will be permitted in front of the
business it advertises.
(4)
Sign illumination.
(a)
The use of flashing, pulsating, or moving lights shall be prohibited.
(b)
Back-lit, halo-lit illumination, or reverse channel letters
with halo illumination are recommended.
(c)
External illumination should be unobtrusive (i.e., gooseneck
lighting).
(d)
External lighting should be shielded to avoid glare.
(e)
Back-lit box signs shall be prohibited.
L.
Regulation of signs along streets and highways.
[Added 1-9-2018 by Ord.
No. 513]
(1)
No person shall paint or attach signs or other obstructions to any
utility pole without exception. No person shall paint or attach signs
or other obstructions to any street light poles, tree, fence, post,
rock, structure or the ground in public rights-of way within the City,
except as follows:
(a)
Any sign installed by the City or the State of Delaware.
(b)
Accessory signs permitted under the City's zoning and building
codes, subject to the approval of the City Administrator or Code Official
where applicable.
(c)
Signs denoting the time and place of meetings of civic organizations,
subject to the approval of the City Administrator.
(d)
Temporary political, educational, charitable, civic, religious,
or nonadvertising directional signs. All such signs shall be removed
by the person, institution, or organization that installed them as
soon as their purpose is accomplished, and in case of political signs
erected in connection with a pending election, removed within 10 days
following the election.
(e)
Temporary signs no larger than four square feet in size advertising
yard sales, open houses or house for sale. All such signs shall be
removed by the person, institution, or organization that installed
them as soon as their purpose is accomplished.
(f)
Temporary, detached signs advertising retail establishments
placed on sidewalks directly in front of the establishment provided
they are removed daily and do not obstruct pedestrian traffic.
Public utility rights-of-way and structures
may be permitted as follows:
A.
Telephone, electric, water, sewer and gas lines, with
necessary accompanying and incidental equipment for local distribution,
are permitted as a matter of right in any district.
B.
Hydroelectric lines; dams; power plants; transmission
line; substations; pumping and boosting stations; pipelines; telecommunications
facilities; administrative, construction, maintenance and storage
facilities; and water and sewage treatment facilities may be permitted
as a special exception in any district; provided, however, that all
facilities must be owned by an entity which is a public utility as
defined in 26 Del. C. S101 (2) or is owned or operated by state or
local government or an agency thereof. All other pipelines transporting
explosive, toxic or flammable hazardous materials are banned from
the City limits of New Castle.
[Amended 2-5-1980 by Ord. No. 241; 4-14-1998 by Ord. No.
381]
C.
Telecommunications facilities may be permitted pursuant to this section as a special exception in any district except in all Residential (Historic, R-1, R-2 and R-3) and Historic Commercial Districts. All applications for telecommunications facilities are subject to the approval of the Board of Adjustment. In considering such applications, the standards set out in § 230-25.1 of the Zoning Code shall be considered minimum standards.
[Added 4-14-1998 by Ord. No. 381]
D.
All permitted
telephone. electric. and transmission lines. with necessary accompanying
and incidental equipment for local distribution. shall be below ground.
[Added 3-10-2020 by Ord. No. 525]
E.
Aerial wireline facilities of any type. with necessary accompanying and incidental equipment for local distribution. may be permitted pursuant to this section as a special exception granted by the Board of Adjustment in only the following districts: Service Commercial (SC): General Commercial (GC): Industrial (I): Light Industrial-Office (LIO): Industrial Office Park (IOP). All applications for aerial wireline facilities are subject to the approval of the Board of Adjustment. In considering such applications. the standards set out in § 230-25.1 of the Zoning Code shall be considered minimum standards.
[Added 3-10-2020 by Ord. No. 525]
The purpose of these provisions is to permit
and encourage, under appropriate design control, diversification and
flexibility in the type, location and size of site for residential
buildings, in order to make the most advantageous use of the terrain,
to facilitate the protection and preservation of scenic beauty, to
foster the creation of common open spaces, to avoid monotony and so
that there may be a broad range of choice as to the kinds of housing
accommodations available within neighborhoods. In applying these provisions,
no development shall be permitted which would be inconsistent with
the intent and purposes of this chapter or contrary to the city's
General Comprehensive Plan.
A.
Within any residence district or combination of residence districts, in the case of land capable of subdivision under the applicable district regulations, the Planning Commission may authorize deviation from the district regulations relating to lot size, lot area per family, lot width, lot depth, front, rear and side yard requirements and may allow any one or a combination of the types of residential structure permitted by this chapter within the city, provided that all of the requirements contained in Subsections B and C are fulfilled.
B.
Requirements in order to permit deviation from district
regulations in case of planned development:
(1)
Land covered by development plan must be contiguous.
(2)
Land covered by development plan must be in single
ownership or, if in multiple ownerships, be covered by binding agreements
acceptable to the City Attorney to ensure conformity to the plan upon
approval.
(3)
The development plan shall be processed under and conform to Chapter 213, Subdivision of Land, subject to such additional requirements and safeguards as may be called for in this chapter or as the Planning Commission may deem appropriate in order to fulfill the intent of this chapter and city's General Comprehensive Plan.
(4)
In the event that the land covered by the development
plan is in excess of 40 acres, at the periphery of the planned development
within a band of 100 feet, no departure from the district regulations
may be permitted.
[Amended 7-9-1996 by Ord. No. 375]
(5)
Within the boundaries covered by the planned development, the average land area per family calculated in accordance with Subsection C shall be no less than the minimum required for the district. Where the planned development lies within more than one residence district, the minimum average land area required shall be prorated according to the percentage of land in each district. Where the planned development also includes land within an OS&R District, the minimum average land area per family shall be considered the same as for the abutting land in the planned development with a residential classification.
(6)
In the event that the land covered by the development
plan is in excess of 40 acres, within the boundaries of the planned
development the distance between any two separate principal buildings
shall be no less than the height of the taller or the distance which
would be required under the district regulations for like buildings,
whichever is greater.
[Amended 7-9-1996 by Ord. No. 375]
C.
Determination of average land area per family. The average land area per family shall be determined by dividing the total area within the planned development by the number of dwelling units to be provided subject to the exclusions and adjustments set forth in Subsection C(1), (2) and (3) below.
(1)
The following shall be excluded from calculation in
determining the average land area per family:
(a)
Streets and street rights-of-way, public or
private.
(b)
Sites for nonresidential uses other than open
space, scenic or recreational use.
(c)
Parcels of such size as to be capable of further
subdivision under the district regulations unless the possibility
of such subdivision is eliminated either by deed restriction or agreement
acceptable to the City Attorney and duly recorded in the office for
the recording of deeds of New Castle County, by transfer of development
rights to the City of New Castle or by dedication and acceptance for
park purposes.
(2)
For the purpose of determining the average land area
per family in the case of multiple-family structures, an apartment
containing no more than one bedroom or room suitable for such use
shall be considered as 1/2 of a dwelling unit, an apartment containing
two bedrooms or rooms suitable for such use shall be considered as
3/4 of a dwelling unit and an apartment containing three or more bedrooms
or rooms suitable for such use shall be considered as one dwelling
unit.
(3)
In determining the average land area per family, any
land dedicated to and accepted by the City of New Castle or other
public agency for recreational use or enjoyment by the general public
shall be included in the calculation as though it were twice its actual
acreage.
[Added 5-2-1978 by Ord. No. 237; amended 12-9-1997 by Ord. No.
379]
Fences may be permitted as follows:
A.
A solid fence which, in the interpretation of this
section, shall be deemed to include any fence or wall which blocks
more than 80% of the light or air from either side, may be erected:
(1)
In the Open Space and Recreation District (OS&R);
Residential Districts R-1, R-2 and R-3, provided that any such fence
shall be not more than six feet high above the ground on either side.
Any such fence erected shall be subject to the minimum front yard
provisions as set forth in the Schedule of District Regulations incorporated
by reference herein.[1]
[Amended 6-7-1978 by Ord. No. 237A]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(2)
In the Retail Commercial District (RC) and Service
Commercial District (SC), provided that any such fence shall be not
more than six feet high above the ground on either side. Any such
fence erected shall not be subject to the minimum yard provisions
as set forth in the Schedule of District Regulations incorporated
by reference herein.
(3)
In the Industrial District (ID), provided that any
such fence shall be not more than nine feet high above the ground
on either side. Any such fence erected shall not be subject to the
minimum yard provisions set forth in the Schedule of District Regulations
incorporated by reference herein.
B.
A fence less than 1/4 solid may be erected in any
district. Any such fence erected in any district shall not be subject
to the minimum yard provisions as set forth in the Schedule of District
Regulations, incorporated by reference herein. Any such fence erected
in any residential district or in the Open Space and Recreation District
shall be not more than four feet high above the ground on either side.
Any such fence erected in any commercial district shall be not more
than six feet high above the ground on either side.
C.
No fence or other structure deemed by the administrative
official to be designed primarily to cause annoyance or damage to
adjoining property shall be permitted.
D.
All fences in the historic residential or historic
commercial districts shall be subject to the approval of the Historic
Area Commission.
